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TMI Blog1980 (3) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... e with which we are not now concerned. Finally, on January 28, 1970, the Conservator of Forests determined the agreements. On February 28, 1970, respondent No. 1 served a notice on the Divisional Forest officer Garhwa South, intimating him that they had filed an application under Article 226 of the Constitution in the Calcutta High Court and that S. C. Deb, J., had been pleased to issue a rule nisi and also an injunction restraining the Govt. of Bihar and the officials of the Forest Department of the Govt. of Bihar from giving effect to the proceedings by which the leases were determined and further directing them to allow M/s. Madhya Pradesh Khair Industries to carry on the work of cutting and felling of trees and removing the material in the said forest coupes. Alleging that the officers of the Forest Department of the Govt. of Bihar had violated the order of injunction granted against them, the respondents filed an application to commit the Officers for Contempt of Court and in that application they prayed for and obtained an interim order directing the Officers not to interfere in any way with the activities of the respondents in removing the produce of the Khair trees. The Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... steps to get the attachment vacated if security was furnished by the respondents as directed by the Division Bench of the Calcutta High Court. The State of Bihar filed an appeal against the order of the learned Single Judge and the operation of the order was stayed by an order of January 10, 1972 of the Division Bench. It was directed that the proceedings in the money suit in the Court of the learned Subordinate Judge of Palamau should proceed. In the meanwhile on July 30, 1971, Respondent No. 1 moved another application before the learned Single Judge of the Calcutta High Court offering to deposit ₹ 60,000 in cash and requesting that on such deposit being made, they might be allowed to remove the stock. This application was allowed on July 30, 1971, by the learned Single Judge and the amount was directed to be deposited with the counsel for the State of Bihar. The order was later on modified on December 16, 1972, and the amount was directed to be deposited with the Registrar of the High Court. On November 20, 1972, the State of Bihar filed an application in the Court of the Subordinate Judge, Palamau complaining that the respondents had not furnished security as directed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal apology to the High Court of Bihar. The question of accepting the apology was not considered as the application was found to be beyond time. The Advocate General of Bihar has filed this appeal against the judgment of the Patna High Court. Before we consider the merits of the appeal we may mention here that the learned Single Judge who made the several orders in favour of the respondents was himself compelled in a later order dated August 13, 1973 to state that the respondents had suppressed material facts and misled him on various occasions and obtained orders from him. Section 2(c) of the Contempt of Courts Act defines Criminal contempt as follows: "(c) 'Criminal Contempt' means the publication (whether by words, spoken or written, or any signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which- (i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or (iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may also constitute an abuse of process as, for instance, initiating or carrying on proceedings which are wanting in bona fides or which are frivolous, vexatious, or oppressive. In such cases the court has extensive alternative powers to prevent an abuse of its process by striking out or staying proceedings or by prohibiting the taking of further proceedings without leave. Where the court, by exercising its statutory powers, its powers under rules of court, or its inherent jurisdiction, can give an adequate remedy, it will not in general punish the abuse as a contempt of court. On the other hand, where an irregularity or misuse of process amounts to an offence against justice, extending its influence beyond the parties to the action, it may be punished as a contempt". In the present case, the respondents began 'the game' by filing an application under Art. 226 of the Constitution in the Calcutta High Court, whereas in the normal course one would expect such as application to be filed in the Patna High Court within whose jurisdiction the subject matter of the dispute was situate. For some mysterious reasons which nobody has been able to explain to us, the writ applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clearly, not a single application made to the Single Judge was bona fide. Every application was a daring 'raid' on the Court and each was an abuse of the process of the Court. The application dated December 14, 1972 praying that the proceedings in the money suit in the Court of the Subordinate Judge should be stayed was made despite the fact that earlier, on January 10, 1972, the Division Bench of the Calcutta High Court had expressly permitted the proceedings in the money suit to go on. The application of the respondents clearly showed that they were intent upon obstructing the due course of the proceedings in the money suit in the Court of the Subordinate Judge, Palamau and to obstruct the administration of justice by abusing the process of the Court. The High Court expressed the view that there was no specific allegation that any contempt of Court had been committed by the filing of the application dated December 14, 1972. We are unable to agree with the view of the High Court. Paragraph 29 of the application to commit the respondents for Contempt expressly refers to the application dated December 14, 1972 and paragraph 31 states that all the facts and circumstances enu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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